Haven’t been inspected by OSHA, or, at least not recently?  Here are the top-10 dos and don’ts during OSHA inspections, according to two actual OSHA inspectors:

1. Don’t make me wait. It just tells me you’re not ready. Nothing you can do at the last minute is going to make much difference anyway.
2. It’s best to be open with me.
3. Don’t try to block my line of sight by bringing a bunch of employees along on the walk-through. I’ll wait until I get to see what I want to see. Some of us use digital cameras. Some of us even videotape the inspection.
4. Be prepared to answer questions. Have all required OSHA documents, including those outlining safety plans, ready for me.
5. Don’t discourage employees from talking to me. I’ll talk to them one way or another. I find ways to slip employees my business card, and once I do, they usually call. If necessary, I’ll get a subpoena to talk to your employees.
6. Don’t lie to me. That makes me angry.
7. Think about hazards, not just standards, when you evaluate your workplace for safety. I look for hazards, not standard violations.
8. Have your training documents in order. I do look at them. If you have Hispanic employees, make sure you have documentation that they understood your safety training.
9. Plan ahead and designate a person or people who will meet with me. Make sure the person is prepared. It doesn’t matter to me whether you have a full-time safety manager or not. That doesn’t make me any tougher or easier on a company.
10. Check out OSHA’s Field Operations Manual for inspectors. Even though it’s written for inspectors, it’s available to anyone for free on the OSHA website (you can download a PDF here). It’s a great resource to prepare any company for the possibility of an OSHA inspection.

OSHA’s Field Operations Manual
http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-00-148.pdf

(Two OSHA inspectors provided these tips at the American Society of Safety Engineers’ 2010 annual conference.)

In the previous post, we discussed how the Congress threw out OSHA’s 2001 “Ergonomics rule” and how, ever since then, OSHA has been looking for a way to get back in the Ergonomics Enforcement business.  (Not that OSHA has ever REALLY been out of the business; citations have been issued under the “General Duty Clause” before and since 2001.)  Under the current administration, there is expected to be a push for another new Ergonomics rule.

In what is viewed by some as “the camel’s nose under the tent“, in January, 2010, OSHA proposed adding a separate column on the OSHA 300 log for employers to record work-related musculoskeletal disorders (MSDs).  The rule also proposes the same definition of “MSDs” that OSHA had included in the initial 2001 final rule, and some say that this new definition is much more comprehensive and much more confusing than the traditional definition. 

OSHA is moving this Rule forward at what is, to a government agency, light speed.  The period for comments was only two months (now closed) and only one public hearing was held.

OSHA describes this proposed rule as a non-significant regulatory action involving only two small costs for employers. OSHA believes that:

1.  Employers - and specifically a human resources specialist - will be required to spend 5 minutes familiarizing themselves with the rule; and  

2.  Employers will need to spend one additional minute than they currently spend in analyzing an injury or illness to determine whether it should be classified as an “MSD” and put into the correct column on the new recordkeeping forms.

This may be true… but, after all, the camel’s nose is rather small and insignificant as well…

OSHA Press Release on the MSD recordkeeping rule:

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=17124

Another more critical opinion on the matter:

http://www.nam.org/~/media/69BEB9300C684D7FA3054CC979D2BABA/Fact_Sheet_on_OSHAs_Proposed_Rulemaking_on_MSDs.pdf

Meanwhile, OSHA is continuing their plan for aggressive enforcement of ergonomic issues through the General Duty Clause, as discussed in this article:

http://ergonomicedge.wordpress.com/2010/04/30/oshas-new-ergonomic-regulation-hidden-in-plain-sight/

Because of their enforcement role, sometimes, we are inclined to regard OSHA as “the enemy”.  It is important to remember, though, that they are also a great source of safety and health resource material and training guides.

 In particular, OSHA’s Salt Lake Technical Center (SLTC) has a wealth of good information.  The entry point to their “Safety and Health Topics Pages” is found here.  Use the pop down in the “Quick Links” box to see the available topics, or use the SEARCH feature.

    http://osha.gov/SLTC/index.html

Also be sure to see the OSHA Publications List, from which you can download OSHA forms and booklets and/or order printed copies of them

    http://osha.gov/pls/publications/pubindex.list

OSHA has published a proposed rule that would revise requirements for the prevention of slips, trips, and falls in general industry workplaces.  OSHA’s “Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems)” proposed rule would affect virtually every general industry workplace in the country.  Slips, trips, and falls have long been one of the leading causes of OSHA recordable injuries and OSHA estimates that its proposed rule will prevent 20 fatalities and eliminate 3,500 serious injuries every year.

The proposed OSHA rule revises OSHA’s Subparts D and I of the general industry standards related to ladders, scaffolds, and fall protection, among other things.  The rules also include a general requirement that employers keep places of employment, passageways, storerooms and service rooms clean and in a sanitary condition, a requirement that has been widely applied by OSHA to a number of workplace hazards, including combustible dust.

Some of the key aspects of the proposal are: (more…)

For the past eight years under President Bush, and in large part in the preceding eight years under President Clinton, OSHA transformed itself from an agency dedicated to promoting safety through ENFORCEMENT to one promoting safety through EDUCATION and cooperative efforts between government and business… the “Strategic Alliance” program between OSHA and major industry groups being a good example of the latter.

Well, as they say, “There’s a new sheriff in town,” and things are changing. OSHA’s recent reputation as being mostly bark with little bite will be a thing of the past, if the Obama administration has its way. The government is sending a message to employers that it plans to crack down on employer violations of the OSHA with a one-two punch: first, by greater enforcement of existing laws; and second, by passing legislation that would amend the OSH Act to expand coverage to more workers, increase civil and criminal penalties for violators, and increase protections for whistleblowers. (more…)

Here are some excerpts from Michaels’ 2007 testimony which clearly signal his views on recordkeeping, ergonomics, rulemaking and the General Duty Clause, among other topics: 

• “Preventable work related injuries and illnesses … are unacceptably high. Furthermore, the true incidence of these conditions is far higher than reported by the Bureau of Labor Statistics.”
• OSHA enforcement does not appear to be effective in further reducing injury rates. … Statistical analyses indicate that (any reported) decrease can be attributable to changes in OSHA recordkeeping rules.
• “For most hazardous chemicals, OSHA’s standards are either inadequate or totally absent. One could write a book about the hazards that OSHA has failed to regulate adequately.”
• “The primary blame (for OSHA’s failure to issue appropriate health standards) rests in a system that makes OSHA standard setting inordinately difficult and resource-intensive.”
• “OSHA has abandoned the general duty clause. It is time for the agency to start using it again.”
• “Ergonomic injuries cost employers $15-20 billion annually in workers’ compensation costs alone, yet this number one workplace safety and health problem is not even mentioned on OSHA’s most recent regulatory agenda.”
• “OSHA doesn’t have the staff to work on more than one or two standards at a time, and … each standard takes years to complete. Unless things change radically, only a handful of the thousands of chemicals in daily use in American workplaces will ever be the subject of an OSHA standard.”

Transcript of Michaels’ testimony before Congress in 2007:

http://www.defendingscience.org/newsroom/upload/Michaels_OSHA_Testimony.pdf

_

From the above, we see who the major players in the Department of Labor and OSHA are, and what they would like to see the agency become.

What changes have been made so far?

(more…)

As noted above, OSHA has begun an aggressive new program of enforcement of the OSHA Recordkeeping requirements.
 

U.S. Labor Department’s OSHA begins National Emphasis Program on recordkeeping to determine accuracy of worker injury and illness data WASHINGTON - The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is initiating a national emphasis program (NEP) on recordkeeping to assess the accuracy of injury and illness data recorded by employers. The recordkeeping NEP involves inspecting occupational injury and illness records prepared by businesses and appropriately enforcing regulatory requirements when employers are found to be under-recording injuries and illnesses. ”

Accurate and honest recordkeeping is vitally important to workers’ health and safety,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “This information is not only used by OSHA to determine which workplaces to inspect, but it is an important tool employers and workers can use to identify health and safety problems in their workplaces.” The inspections include a records review, employee interviews, and a limited safety and health inspection of the workplace. The NEP will focus on selected industries with high injury and illness rates. (more…)

Most of your will recall that, in the final days of the Clinton administration, OSHA enacted a new Ergonomics Standard. This massive standard was quickly repealed by the Congress in 2001. The way the law is written, the repeal of an agency regulation also bars that agency from issuing a similar rule in the future. Because the repealed Standard was so broad and comprehensive, it has been thought that it would be difficult for OSHA to pass a new Ergonomics standard. This hasn’t stopped OSHA’s enforcement on ergonomics, and OSHA recently reported that the agency has issued 19 “General Duty Clause” citations for ergonomics since 2002.

Now, under the Obama administration, OSHA Ergonomics is getting another look… (more…)

Big changes are coming to the OSHA Hazard Communication Standard!

 

In 2003, the United Nations (UN) adopted the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The GHS includes criteria for the classification of health, physical and environmental hazards, as well as specifying what information should be included on labels of hazardous chemicals as well as safety data sheets. The United States was an active participant in the development of the GHS, and is a member of the UN bodies established to maintain and coordinate implementation of the system.

OSHA published a proposed rulemaking on September 30, 2009 to align OSHA’s Hazard Communication standard (HCS) with the GHS.

To make a long story short… (more…)

During 2008 there was a tremendous focus from OSHA and employers on personal protective equipment: who is required to provide the equipment, who pays for the equipment and who is to maintain and replace. For all that effort, many times it simply boils down to the fact that the equipment is available, but not necessarily always worn.

It’s one of the top challenges safety pros face year after year. In a recent survey, 290 safety professionals were asked about about their experiences to find out the top reasons workers give for not wearing PPE. And we also asked safety managers how they deal with the problem. Here are the results: (more…)

The U.S. Court of Appeals for the Eighth Circuit, in a 2-1 decision, ruled that in the case of Elaine Chao v. Summit Contractors, OSHA regulation 29 C.F.R. Sec. 1910.12(a) “is unambiguous in that it does not preclude OSHA from issuing citations to employers for violations when their own employees are not exposed to any hazards related to the violations.” Therefore, according to the ruling, the Occupational Safety and Health Review Commission (OSHRC) “abused its discretion in determining that the controlling employer citation policy conflicted with the regulation.” (more…)

The truth of the matter is that the average small or medium-sized employer will never see an OSHA Compliance Officer in the life of the business. On the other hand, if you have a serious accident or fatality, or if you are in the news for some safety-related problem, or an employee files a complaint against you, you might see a Compliance Officer tomorrow. Your IWLAIC Safety Manual has a chapter on how you should prepare for an OSHA inspection, and what you should do if you receive a complaint notice by fax from OSHA, or if an OSHA Compliance Officer shows up at your door. It is important to read this section in advance, so you will be ready when the time comes… (more…)

In recognition of the increasing importance of giving safety training to Hispanic workers in today’s workplace, OSHA’s Directorate of Training and Education collaborated with the University of South Florida, an OSHA Training Institute Education Center, to author a series of safety and health PowerPoint presentations in Spanish. You can find these presentations on-line here:

http://www.consultationconnection.org/oti/

These new resources are designed to assist OSHA construction and general industry outreach trainers and others in conducting Spanish-language training for employees. There are also links on this page to other Spanish-language safety training materials.

Employers who use forklifts in their workplaces have a new resource to help keep their employees safe on the job. OSHA’s Powered Industrial Trucks (Forklift) eTool…

http://www.osha.gov/dcsp/products/etools/pit/index.html

…is the latest Web-based training tool unveiled by OSHA. This eTool, which identifies forklifts commonly used in general industry, provides a review of potential hazards and a summary of key OSHA requirements and industry-recommended practices for forklift operations. It includes four modules examining the types of forklifts, safe operating practices, workplace conditions affecting operation, and operator training. OSHA offers other eTools on occupational safety and health topics on its eTools web site at:

http://www.osha..gov/dts/osta/oshasoft/index.html

The other thing that government agencies pay attention to is stories in the news media, especially stories of major catastrophes that point the finger of blame on the government agency. Last year saw one such major catastrophe involving combustible dust, and so it is no surprise that OSHA has announced that combustible dust will be one of their emphasis points for 2009.

Most often, when safety professionals think of combustible dust explosions, we think of grain dust. Years ago, it was common for grain elevators in the farming regions to explode due to combustible dust. How does this happen? (more…)

If your company is not exempt from the OSHA Recordkeeping standard, you are required to post your 2008 Summary of Injuries and Illnesses (OSHA Form 300-A) no later than February 1, 2009 and leave it posted through April 30, 2009.  (more…)

If there is one thing that government agencies pay attention to, it is actions by the legislative bodies that provide their operational funding. Therefore, after we saw the US House of Representatives holding hearings in 2008 which claimed that employers were substantially underreporting accidents (see story here)…

http://ehstoday.com/standards/osha/ehs_imp_80989

 …it is no surprise that OSHA is taking a hard look at recordkeeping in 2009. Remember that OSHA places the full burden on investigating accidents and determining recordability of accidents on the EMPLOYER, and that this responsibility cannot be delegated to others. (more…)